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Father wants change of custody order from seeing child 2 days a week to 50/50 custody and THEN he wants to move out of state.

Meadville, PA |

What are the chances of a court ordering a custody arrangement to be changed from the father having the child two days a week, to a plan where the child spends one week with the father and then the next week with the mother? Then, when the father moves, a whole new custody arrangement would have to be made. The father has stated he doesn't want to have 50/50 custody of the child when he moves out of state as it would not be feasible financially.

Also, he is just now following the court order to the "T", at the advice of his fiance so that "he would look better" once he does file for modification, if I don't agree with the 50/50 arrangement.

We were able to make the agreement, currently standing, on our own with out need for a mediator, just had a lawyer type it, judge signed it.

I forgot to add that the time frame of him having 50/50 custody would only be for a year or less.

Attorney Answers 4


As for what the court will decide - it depends upon all of the relevant facts of the case. Unfortunately, custody determinations cannot be predicted with certainty. If you have concerns or wish to discuss the case in greater detail, you might contact a attorney for a consultation. After discussing the facts, he/she should be able to tell you your options.

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I agree with Attorney Vandegrift. The court must consider a list of factors to determine the custody arrangment that is in the child's best interest. However, if the father is moving out of state, it does not appear to be likely that the two of you can share custody on a week about basis. You will need to retain an experienced family law attorney to provide you with more specific advice and to assist you with this matter.

My response is based solely on the limited information contained in the question. It is not meant to substitute your attorney's advice.

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As my colleagues have indicated, it's really impossible to give someone odds on what a judge will do in any type of case. I've attached a link for the PA law governing determination of custody as well as the relocation procedure. What I will do is to strongly encourage you to retain an experienced family law attorney to represent you if you are not already represented. Your case is difficult. Unrepresented litigants tend to throw in facts and issues which are not relevant and/or are purely speculative, neither of which being terribly helpful to judges. An experienced attorney can present you and your case in the best possible light. Good luck to you.

Be sure to click Best Answer if you found this helpful. Disclaimer: Please note that this response does not in any way an attorney-client relationship between Kathryn L. Hilbush and the recipient. My responses are general in nature. They do not constitute legal advice. You are advised to consult an attorney regarding this and any other legal matters.

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The advice my colleagues have given you is correct. Child custody determination is a very individualized process, so the court will base its decision on the facts and details of your situation. Having said that, get a lawyer to help you argue the modification of custody for one year (the new 50/50 scheme your ex has proposed). You should bring to the attention of the court his further plans to remove the children from the state. Be advised, that he cannot move to the other state AND THEN try to seek a new custody order. He must get permission from the resident state BEFORE he relocates with the children. You can also counter-sue for full custody, in light of his intent to remove the children from your access for custody and visitation, and offer a visitation schedule more suited to your convenience instead. This, of course, will require all sorts of legal papers and maneuvering, so you must get an attorney to help you. If you cannot afford an attorney, ask the court to make the ex pay for your counsel (as he has necessitated the hiring of counsel). Good luck.

This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this answer does not create an attorney-client relationship. If you wish to obtain legal advice specific to your case, please consult with a local attorney

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